Indianapolis ERISA Attorneys

Bad Faith Litigation

The Employee Retirement Income Security Act was written after a series of scandals in the 1960′s and 1970′s when poorly managed companies were unable to pay the pensions that had been promised to employees. Under this act, companies will be punished if they do not provide the pensions or health benefit plans that they have offered. Unfortunately, some unscrupulous businesses continue to deny employees the retirement and health benefits to which they are entitled.

What Does “Bad Faith” Mean?

Pension plans and health benefits are offered to workers in signed legal contracts. All parties are required to enter into these contracts in “good faith,” meaning that they are honestly agreeing to follow the terms spelled out in the contract.

“Bad faith” ERISA violations occur when a company is more concerned with its own profits than holding up its end of the contract. For example, consider an employee who files a disability claim under the company’s health benefits policy. The company employing this worker and the insurance provider they use are required to examine the claim honestly based on the worker’s contract. If they merely look for reasons to deny the worker’s claim, they are acting in bad faith.

Bad Faith Litigation

Workers whose employers have unfairly denied their pensions or health benefits should contact the Employee Benefits Security Administration, an agency of the federal Department of Labor. This agency has the authority to seek criminal action against companies that violate ERISA. It will also hold companies accountable for repaying the amounts owed to employees.

Before contacting EBSA, however, it is a good idea to contact an Indianapolis ERISA attorney. He or she will be able to explain your rights and the legal process, and help you win the compensation you need.

Contact Us

To speak to an experienced Indianapolis ERISA lawyer, contact the Hankey Law Office at (317) 634-8565.